LML4802 Assignment 2 Full Solutions Semester 2 2024
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University of South Africa
The Law of Competition and Trademarks (LML4802)
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LML4802
ASSIGNMENT 2 SEMESTER 2 2024
UNIQUE NO.
DUE DATE: SEPTEMBER 2024
, (a) Private Law of Competition
Kenzo may rely on the private law of competition in South Africa, particularly the
common law action for passing off, to prevent Lungi from using the VERSIONVIEW
trademark. Passing off occurs when one party misrepresents its goods or services as
those of another, leading to confusion in the marketplace.
To succeed in a passing off action, Kenzo must prove three essential elements
1. Reputation or goodwill: Kenzo needs to show that the VISIONVIEW trademark
has developed a substantial reputation in South Africa, particularly through the
products sold by Manamela (Pty) Ltd. Since VISIONVIEW is the most popular
brand of computer screens in the country, it is likely that Kenzo’s mark has
acquired sufficient goodwill in the market. The fact that VISIONVIEW products
are of high quality and widely recognized supports this argument.
2. Misrepresentation: Kenzo must demonstrate that Lungi’s use of the
VERSIONVIEW trademark on television screens misrepresents those goods as
being associated with or connected to Kenzo's VISIONVIEW brand. Given the
similarity between the two trademarks ("VISIONVIEW" and "VERSIONVIEW"),
there is a likelihood that consumers may be confused or deceived into believing
that Lungi’s television screens are related to Kenzo’s VISIONVIEW products,
even though they are different products (computer screens vs. television
screens).
3. Damage to goodwill: Kenzo must prove that Lungi’s misrepresentation is likely
to cause damage to the reputation or goodwill of the VISIONVIEW brand.
Damage could occur through consumer confusion, leading to a loss of sales, or
through Lungi’s potentially inferior products tarnishing the reputation of
VISIONVIEW if consumers wrongly associate the two brands. Although television
screens and computer screens are different, they are in related fields of
electronic products, which could heighten the risk of consumer confusion.
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